OHIO LEGISLATIVE SERVICE COMMISSION
Office of Research Legislative Budget
www.lsc.ohio.gov and Drafting Office
H.B. 395 Bill Analysis
135th General Assembly
Click here for H.B. 395’s Fiscal Note
Version: As Introduced
Primary Sponsors: Reps. Lorenz and Brewer
Effective date:
Larry Gunter, Jr., Research Analyst
SUMMARY
 Lowers the age at which a juvenile may obtain a temporary instruction permit from 15½
to 15.
 Expands the time a juvenile must hold a temporary instruction permit before eligibility
for a probationary license from six months to one year (thus retaining age 16 as the age
of eligibility for a probationary driver’s license).
 Requires all drivers to take a defensive driver training course as a prerequisite to
receiving a probationary driver’s license.
 Alters the penalties for certain first-time juvenile traffic offenders.
 Authorizes two nonrefundable income tax credits that may be claimed when a younger
driver voluntarily completes a defensive driver course.
DETAILED ANALYSIS
Background
Under current law, a minor person (under 18) is eligible for a probationary driver’s
license (probationary license) at age 16, provided the minor meets certain conditions. (A
probationary license is subject to special curfews and occupancy restrictions.)1 Those conditions
include:
1R.C. 4507.071. The probationary license is valid until the age of 18, at which point it becomes a regular
driver’s license.
February 14, 2024
Office of Research and Drafting LSC Legislative Budget Office
1. The minor must first apply for and obtain a temporary instruction permit (permit) by
passing both a written test about motor vehicle laws2 and a vision screening test;3
2. The minor may apply for and obtain the permit no earlier than age 15½ and must hold
the permit for at least six months. (Thus, the earliest the minor may obtain a
probationary license is age 16.)
3. The minor’s application for a permit must be signed by one of the following:
a. The minor applicant’s parents;
b. The minor applicant’s guardian;
c. Another person having custody of the minor applicant; or
d. A responsible person who is willing to assume liability for any negligence or willful or
wanton misconduct by the minor applicant while driving.4
4. During the term of the permit, the minor must complete an approved driver’s education
or training course (which must include at least 24 hours of classroom instruction and
eight hours of behind-the-wheel instruction), acquire at least 50 hours of driving
experience (including at least 10 night hours),5 and pass a driving test (maneuverability
and road skills).6
A temporary instruction permit is valid for one year.7
Temporary instruction permit: age lowered and validity extension
The bill lowers the age at which a minor may obtain a temporary instruction permit
from 15½ to 15. It also requires the minor to hold the permit for one year, instead of six
months, before obtaining a probationary license. Thus, the bill retains the earliest possible age
(16) at which a minor may obtain a probationary license. Additionally, the bill extends a
permit’s validity period from one year to one year and six months.8
The diagrams below illustrate this change:
2 R.C. 4507.10(A) and 4507.11, not in the bill.
3 Ohio Administrative Code (O.A.C.) 4501:1-1-08(A), not in the bill.
4 R.C. 4507.05 and 4507.071; R.C. 4507.07(A), not in the bill.
5 R.C. 4507.21(B) and 4508.02(C), not in the bill.
6 R.C. 4507.10(A) and 4507.11; O.A.C. 4501:1-1-10, not in the bill.
7 R.C. 4507.05.
8 R.C. 4507.05(A) and (C) and 4507.071(A).
P a g e |2 H.B. 395
As Introduced
Office of Research and Drafting LSC Legislative Budget Office
Current law
Obtain Must hold May obtain
permit at permit for 6 probationary
15½ months license at 16
The bill
Must hold May obtain
Obtain
permit for 1 probationary
permit at 15
year license at 16
Defensive driving training
The bill requires the Director of Public Safety to include defensive driver training for all
drivers as a prerequisite to receiving a probationary driver’s license. Such courses apply to both
classroom instruction and an online driver’s education course. Specifically, a defensive driver
training must include instruction related to all of the following:
 Weather conditions, including rain, fog, hail, sleet, snow, and high winds;
 Adverse road conditions, including potholes, road debris, construction, and road
detours;
 Road hazards caused by animals, including animals that enter the roadway
unexpectedly;
 Incidents involving road rage, speeding, reckless driving, erratic driving, and other
aggressive driving behaviors; and
 Incidents during which the motor vehicle skids, slides, or otherwise moves in an
uncontrolled manner.
Current law includes classroom or online instruction on the dangers of driving a motor
vehicle in violation of Ohio’s Distracted Driving Law and OVI (operating a vehicle impaired)
Law.9
Juvenile traffic offenders
The bill allows a first-time juvenile traffic offender the option to enroll in an advance
juvenile driver improvement program in lieu of paying standard fines and receiving points
9 R.C. 4508.02(C).
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As Introduced
Office of Research and Drafting LSC Legislative Budget Office
against the juvenile’s license.10 The option to enroll in the program is available if the juvenile’s
first traffic offense would have been a minor misdemeanor if committed by an adult. If the
juvenile elects to participate in the program, the juvenile traffic offender must submit a
certificate of completion to the court in order to have any fines or license points waived.
The advance juvenile improvement program requires a minimum of two hours of
classroom instruction that focuses on driving physics, vehicle dynamics, proper vision
techniques, and teen driver statistics. In addition, the program requires a minimum of four
hours of emergency driving skills development through “behind-the-wheel” driving exercises
that focus on vehicle control in inclement weather, emergency transition maneuvers, and spin
and skid control.11
Income tax credits
The bill authorizes two nonrefundable income tax credits that may be claimed when a
younger driver voluntarily takes a defensive driving course described above, i.e., the driver was
not ordered to take the course by a court and did not take it in lieu of a fine or other disposition
from a traffic violation. The first credit is for a person aged 18 to 21, who may claim a $50 credit
against their own income tax liability in the taxable year in which they receive a certificate of
completion from the course. The second credit equals $100 and may be claimed by a taxpayer
whose minor dependent voluntarily completes the course.12
HISTORY
Action Date
Introduced 02-01-24
ANHB0395IN-135/ts
10 R.C. 2152.20 and 2152.21.
11 R.C. 4510.311(B).
12 R.C. 5747.86, 5747.08, and 5747.98; Section 3.
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As Introduced


Statutes affected:
As Introduced: 2152.20, 2152.21, 4507.05, 4507.071, 4508.02, 4510.311, 5747.08, 5747.98